Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father Assets of Wife and Father-in-Law Can Be Considered in Disproportionate Assets Case Against Public Servant: Kerala High Court Refuses Discharge Identification Without TIP, Electronic Records Without 65B Certificate – Conviction Set Aside: Patna High Court Nothing Inflicts A Deeper Wound On Our Constitutional Culture Than A State Official Running Berserk Regardless Of Human Rights: Jharkhand High Court Orders ₹1.5 Lakh Interim Compensation Dishonour Due to ‘Account Blocked’ Not Attributable to Drawer—No Offence Under Section 138 NI Act: Delhi High Court Quashes Criminal Proceedings Presumption Under Section 139 NI Act Cannot Be Rebutted By Mere Assertions: Delhi High Court Affirms Conviction In 32-Year-Old Cheque Bounce Case Signature Alone Doesn’t Prove Debt: Kerala High Court Upholds Acquittal in Cheque Bounce Case, Rejects Blanket Presumption Under Section 139 NI Act Justice Cannot Be Left to Guesswork: Supreme Court Mandates Structured Judgments in Criminal Trials Across India Truth Must Be Proven Beyond Doubt—Not Built On Flawed FIRs, Tainted Witnesses And Investigative Gaps: Supreme Court Acquits Man in POCSO Rape-Murder Case Once parties agree and reconciliation is impossible, a fault-based decree is unnecessary: Supreme Court Sets Aside Divorce on Desertion No Escape from Statutory Ceiling: Exclusive Expenditure by Foreign Head Offices Also Attracts Section 44C Income Tax: Supreme Court Loss Of A Child Cannot Be Calculated In Rupees, But Law Must At Least Offer Dignity In Compensation: Supreme Court Enhances Compensation Sessions Court Cannot Direct Life Imprisonment Till Natural Life Without Remission: Supreme Court Reasserts Limits on Sentencing Powers of Subordinate Courts ‘Continuously Means Without a Single Break’: Supreme Court Bars Expired-and-Renewed Licences From Police Driver Recruitment Chief Justice’s Power Under Section 51(3) Is Independent and Continuing: Supreme Court Upholds Kolhapur Bench Notification Last Seen Evidence Alone Cannot Sustain Conviction: Supreme Court Acquits Accused in Murder Case No Cultivation on Forest Land Without Central Clearance: Supreme Court Cancels Lease Over 134 Acres, Orders Reforestation Appointment from Rank List Must Respect Communal Rotation: SC Declines Claim of SC Waitlisted Candidate After Resignation of Appointee Supreme Court Dissolves 20-Year Estranged Marriage Under Article 142 Despite Wife’s Objection Murder Inside Temple Cannot Be Treated Lightly: Supreme Court Cancels Bail of Father-Son Convicts in Group Killing Case No Notice, No Blacklist: Calcutta High Court Quashes Debarment Over Breach of Natural Justice Prosecution Must Elevate Its Case From Realm Of ‘May Be True’ To Plane Of ‘Must Be True: Orissa High Court Strict Compliance Is the Rule, Not Exception: Himachal Pradesh High Court Dismisses Tenant's Plea for Late Deposit of Rent Arrears When Accused Neither Denies Signature Nor Rebuts Presumption, Conviction Must Follow Under Section 138 NI Act: Karnataka High Court A Guardian Who Violates, Forfeits Mercy: Kerala High Court Upholds Natural Life Sentence in Stepfather–POCSO Rape Case Married and Earning Sons Are Legal Representatives Entitled to Compensation: Punjab & Haryana High Court Enhances Motor Accident Award to ₹14.81 Lakh Driver Must Stop, Render Aid & Report Accident – Flight from Scene Is an Offence: Madras High Court Convicts Hit-And-Run Accused Under MV Act Delay May Shut the Door, But Justice Cannot Be Locked Out: Gauhati High Court Admits Union of India’s Arbitration Appeal Despite Time-Bar Under Section 30 PC Act | Mere Recovery of Money Is Not Enough—Demand and Acceptance Must Be Proved Beyond Reasonable Doubt: Delhi High Court Allahabad High Court Slams Bar Council of U.P. for Ex Parte 10-Year Suspension of Advocate

"CRIMINAL LAW" Digest

Writ Petition under Article 32 – Petitioner serving life sentence seeks premature release after 24 years of actual imprisonment without remission or parole – Writ petition filed under Article 32 of the Indian Constitution. Conviction Background – Petitioner convicted for triple murder, including two police personnel – Conviction affirmed by High Court in 2005 – Applic...

Criminal Procedure – Passport Impounding – Jurisdiction of Police and Passport Authority – The power to impound a passport lies with the Passport Authority under the Passports Act, 1967, and not with the police. Even if the police seize a passport under Section 102 of Cr.P.C., they cannot withhold it and must forward it to the Passport Authority for their decision on impounding. ...

Criminal Procedure Code, 1973 - Section 200, 202(1), 203 - Indian Penal Code, 1860 - Sections 323, 342, 500, 504, 506, 295-A, 298, 427 - Dismissal of Complaint without Proper Inquiry - Remand by High Court for Section 202(1) Inquiry - Validity. (Para 4-5) The learned Magistrate dismissed the complaint under Section 203 of the Cr.P.C. without conducting a proper inquiry mandated by Section 202(1...

Criminal Law – Attempt to Murder – Conviction and Sentence – Appellants used deadly weapons, inflicting grievous injuries on the vital parts of the victims' bodies – Stab injuries on stomach and near the chest warranted conviction under Section 307 IPC – Conviction upheld as per evidentiary value of injured eye-witnesses and nature of injuries [Paras 2-4]. Evid...

Criminal Law – Quashing of FIR – Specific role attributed to the accused in the FIR – High Court exceeded its jurisdiction under Section 482 CrPC by quashing the FIR without considering the allegations properly – Reliance on draft charge-sheet which was not yet submitted to the Magistrate was inappropriate – High Court's order set aside [Paras 20-21, 23]. Draft...

Criminal Appeal – Conviction under Part I of Section 304 and Section 324 read with Section 149 of the Indian Penal Code, 1860 – Acquittal by Trial Court – High Court's interference – Principles governing appeals against acquittal discussed. [Para 1-7] Appellate Jurisdiction – Duty of the Appellate Court in appeals against acquittal – Re-appreciation of ev...

Criminal Appeal – Interim Bail – Appellant seeks interim bail for the purpose of finalizing accounts for filing returns under the Companies Act and Income Tax Act – Appellant currently incarcerated in Sabarmati Central Correctional Home – Interim bail granted for three days with specific conditions. [Para 1-6] Interim Bail – Conditions – Appellant's relea...

Eyewitness Testimony - Credibility - Inconsistencies in testimony - Testimony contradicted by other witnesses - Doubts raised on the presence of eyewitness at the scene of the crime. (Para 7) Extra-judicial Confession - Newspaper Report - Hearsay Evidence - Newspaper reports not considered primary evidence - Extra-judicial confession based on newspaper report deemed unreliable - Benefit of doub...

Indian Penal Code (IPC) - Sections 302 and 304 - Armed Forces Tribunal Act, 2007 - Section 30 - Army Act, 1950 - Section 69 - Appellant, an Indian Army Lance Naik, convicted under IPC Section 302 and Army Act Section 69 - Appeal against conviction and sentence - Incident involved a sudden altercation over seniority, leading to the appellant firing one fatal bullet from the deceased's rifle - A...

Criminal Appeal – Conviction based on dying declaration – Doubt regarding voluntariness and reliability – Lack of corroboration – Conviction not sustainable. The appeal questions the conviction based on a dying declaration recorded by an Executive Magistrate on 8th November 1991, three days after the incident. Doubts are raised concerning the voluntariness and reliability o...